Is a DUI a Felony in MA?
In the state of Massachusetts, driving under the influence (DUI) is considered a serious offense. While it is not always a felony, it can be charged as a felony in certain circumstances. In this article, we will explore the different types of DUI charges in Massachusetts, the penalties associated with each, and when a DUI can be charged as a felony.
What is a DUI in Massachusetts?
In Massachusetts, a DUI is defined as operating a motor vehicle while impaired by alcohol or drugs. The state has a "per se" law, which means that a person can be charged with DUI even if their blood alcohol content (BAC) is below the legal limit of 0.08%. This is because the state is concerned with the safety of the driver, passengers, and other road users.
Types of DUI Charges in Massachusetts
There are several types of DUI charges in Massachusetts, including:
- OUI (Operating Under the Influence): This is the most common type of DUI charge in Massachusetts. It is typically charged when a person’s BAC is above 0.08%.
- OUI with Serious Injury: This charge is brought when a person’s DUI causes serious injury to another person.
- OUI with Death: This charge is brought when a person’s DUI causes the death of another person.
- OUI with Child Endangerment: This charge is brought when a person’s DUI puts a child under the age of 14 in danger.
Penalties for DUI in Massachusetts
The penalties for DUI in Massachusetts vary depending on the type of charge and the person’s prior record. Here are some of the typical penalties:
- OUI: A first-time offender can face up to 2 1/2 years in jail, a fine of up to $5,000, and a 1-year license suspension.
- OUI with Serious Injury: A first-time offender can face up to 5 years in jail, a fine of up to $10,000, and a 1-year license suspension.
- OUI with Death: A first-time offender can face up to 15 years in prison, a fine of up to $20,000, and a 1-year license suspension.
- OUI with Child Endangerment: A first-time offender can face up to 2 1/2 years in jail, a fine of up to $5,000, and a 1-year license suspension.
When is a DUI a Felony in Massachusetts?
A DUI can be charged as a felony in Massachusetts in the following circumstances:
- OUI with Serious Injury: If the person’s BAC is above 0.20% or if they have a prior OUI conviction within the past 10 years.
- OUI with Death: If the person’s BAC is above 0.20% or if they have a prior OUI conviction within the past 10 years.
- OUI with Child Endangerment: If the person’s BAC is above 0.20% or if they have a prior OUI conviction within the past 10 years.
Consequences of a Felony DUI in Massachusetts
If a person is charged with a felony DUI in Massachusetts, they can face severe consequences, including:
- Up to 15 years in prison: Depending on the circumstances of the case, a person can face up to 15 years in prison.
- Fines: A person can be fined up to $20,000.
- License suspension: A person’s license can be suspended for up to 1 year.
- Mandatory treatment: A person may be required to attend treatment programs for alcohol addiction.
- Community service: A person may be required to perform community service.
Conclusion
In conclusion, a DUI can be a serious offense in Massachusetts, and the penalties can be severe. If you are charged with a DUI, it is important to seek the advice of an experienced attorney who can help you navigate the legal system and minimize the consequences.
